Banking and Finance Disputes

The Spratt Endicott Banking and Finance litigation team specialises in acting for commercial and individual Lenders in the recovery of security and provide advice on the best strategy for claims against third parties where security is defective or lost and breach of trust claims.

Who we work with

We have in-depth experience in acting for a wide range of Banks and Building Societies and secondary lenders in recovery work and can advise on commercial disputes with borrowers including the appointment of LPA receivers, defending claims of sale at undervalue.

How does our Dispute team help?

We can advise and act in defended possession claims and cases where claims are brought against lenders seeking to attack transactions by third parties such as spouses or occupiers of any security. We can also advise on specialist banking disputes such as breach of mandate claims, merchant acquiring claims and disputes surrounding the direct debit scheme rules. We have specialist experience of heavyweight commercial claims against guarantors. In addition we have specialist experience of acting in asset finance litigation including title issues, asset tracing and recoverability, fraud, claims by and against third parties.

Mortgage Fraud

We have experience of acting for lenders in large complex mortgage frauds often where there is no security and the loan proceeds need to be traced. We have assisted enforcement agencies including Economic Crime units resulting in prosecutions and acted in breach of trust and negligence claims against third parties. We can act and advise on recoverability against insurers and insurance policy issues arising from fraud.

Invoice discounting and factoring

We have acted for a number of specialist niche factoring and invoice discounting companies in recoveries and defended proceedings arising from assignments of debts. We can advise on specific factoring issues as to enforceability and recoverability, claims against third parties. In addition we can advise on disputes specific to assignment issues under the relevant agreement.

Commercial lending/unsecured lending

We act for and have expertise in acting for lenders in complex transactions where enforcement advise or proceedings are required whether against a borrower or third party. This includes where the transaction is unsecured and includes title issues and fraud and tracing claims. We act for individual in loan transactions advising on recoverability and tracing claims and security.

Rectification

We have acted and advised lenders and victims of identity fraud in specialist claims seeking rectification at the Land Registry and claims for an indemnity.

Getting in touch

For more information on our Banking and Financial Service for businesses, please contact ​Anis Waiz on 01869 222314 or email awaiz@se-law.co.uk.

Spratt Endicott, Spratt Endicott Solicitors are the trading names of Spratt Endicott Limited, a company registered in England & Wales (company no. 08030343) authorised and regulated by the Solicitors Regulation Authority (registration no. 608169) and by the Financial Conduct Authority (registration number: 709546). Spratt Endicott Limited uses the word “Director” to refer to a statutory director of the company and certain senior employees. A list of the statutory directors is available for inspection at our registered office, 52-54 The Green, Banbury OX16 9AB and at Statutory Directors.